Friday, January 18, 2013
A MOTHER of two has been awarded just over €67,000 for injuries she received when the car she was driving was in collision with an ambulance.
Clare Nevin (25) sued ambulance driver Gerard Grant and his employers, Emergency Medical Support Services Ltd of Dun Laoghaire.
The collision happened at the junction of the Malahide Road and Oscar Traynor Road, Coolock, Dublin, on December 3, 2009.
Ms Nevin, of Killary Grove, the Donahies, Donaghmede, Dublin, was on her way to do some Christmas shopping with her sister. She had a green light in her favour when the ambulance came from Oscar Traynor Road, the court heard.
The defendants denied negligence and counter-claimed for damage to the ambulance.
They claimed Ms Nevin was travelling at excessive speed and did not keep a proper lookout for their vehicle, which they said had its flashing blue lights and siren on.
Ms Nevin denied that she was speeding and said there were no sirens or lights on.
Ms Justice Mary Irvine yesterday awarded her €84,376 but reduced that sum to €67,460 after finding she was guilty of 20pc contributory negligence by failing to look to her left as she went through the junction.
However, the judge was satisfied that Mr Grant was obliged to drive with reasonable care when there was a red light against him and not "simply plough on through" a junction.
The greater amount of responsibility for this collision lay with Mr Grant, she said.
She was satisfied that while the blue flashing light was on, the siren was not.
The crash left Ms Nevin with a number of injuries, including a broken wrist, broken knee-cap and fractured sternum. She had also been diagnosed with post-traumatic stress.
In relation to the defendants' counter-claim, she awarded them €1,300 for damage to the ambulance.